IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N S SANJAY GOWDA WRIT PETITION NOS.36975-36976 OF 2014(GM-CPC) BETWEEN :
Smt. M.C. Kamala W/o. Late Chandrashekarappa @ Shekarappa Aged 53 years Resident of ‘Benaka’ Opp: Laxmi Temple Lakshmipura, Vinobhanagara Shivamogga City – 577 201. …..Petitioner (By Sri P.N. Harish, Advocate) AND:
B. Kenchappa Dead by LR’s 1(a) B. Basavarajappa S/o. Late B. Kenchappa Major, agriculturist R/o. H. Kadadakatte Village Kasaba Hobli Honnali Taluk 1(b) Gowramma W/o. M. Ramalingappa Major, R/o. 2nd Cross J.P.N. Road, Opp. HDFC Bank Shivamogga City 1(c) Savithramma W/o. Late Gangavvara Manjappa Major, R/o. Balamuru Village Gopanahalli Post Honnali Taluk 1(d) Sunanda W/o. Mylrappa Chandrappa Major, R/o. H. Kadadakatte Village Soraturu Post Honnali Taluk 2. B. Basavarajappa S/o. B. Kenchappa Major in age Address of Resp. No.1 & 2 R/o. H. Kadakatte Village Kasaba Hobli, Honnali Taluk Davanagere–577217. Respondents ( By Sri NandaKishore Adv., for R-1(A-D) & R-2, R-3 & 4 are Served) These writ petitions are filed under articles 226 & 227 of the Constitution of India praying to quash the impugned orders passed on I.A.No.13 & 14 dtd. 24.07.2014 as per Annex-H in OS No.311/2002 on the file of Senior Civil Judge, Harihar and thereby allow I.A.No.13 and 14 in O.S.No.311/2002 on the file of Senior Civil Judge, Harihar as per Annex-E and F respectively by allowing this W.P and etc.
These writ petitions coming on for hearing this day, the court made the following:-
O R D E R After arguing the matters for some time, the learned counsel for the petitioner submits that he would be satisfied if a direction is issued to the trial Court to dispose of the suit within a period of three months from today.
In view of submission made by the learned counsel for the petitioner, these writ petitions are disposed off directing the trial Court to dispose of the suit within a period of three months from today.
The Trial Court shall decide the matter without being any influenced by the observations made by Trail Court in the impugned order.
Sd/- JUDGE nms